U. Perk Class Gets Practice In Mock Trial

Kurt Fegely is an 11th-grader at Upper Perkiomen High School charged with drunken driving and manslaughter in the death of 17-year-old Charles Clark earlier this month in East Greenville.

Today Fegely finally gets the chance to tell his side of the story at the mock trial in the classroom of Upper Perkiomen political science teacher Randi Stancick.

He needs all the help he can get.

"I know the prosecution is doing a good job because every plan we present, they have something to block it out," the young defendant said after yesterday's court session. "Our testimony has done nothing so far."

That's because the prosecutor, District Attorney Jason Smith, has been brutal in his ability to tear apart the defense.

The boyish prosecutor with shoulder-length blond hair not only seems to know his law, but he also seems to have developed his own style. He would sashay up in front of the witnesses as he asked his questions, obviously trying to influence the judge and jury. "That's all part of the act," he said.

Definitely.

The whole trial, entering its fourth and possibly last day today, is meant to teach her students criminal law.

"It shows you how real-life court situations go," said Fegely, who faces up to 12 years behind bars if he's found guilty.

Three other such trials are also being held in Stancick's other classes, all of them about manslaughter-by-vehicle involving the alleged use of drugs or alcohol. Two have already returned verdicts - one guilty and one innocent.

Bringing drugs or alcohol into the plots is a potent ingredient, according to Stancick. "I hope some of it will sink home. It's more realistic for teen- agers today than someone breaking into your home or shooting someone, in this area."

The students were prepped for their trials. Local police, a real defense attorney, an assistant prosecutor and a judge from Montgomery County Court spoke to the classes beforehand. The students also spent a day watching the real thing in criminal court in Norristown.

"Everybody's been wonderful in helping us," said the teacher.

The students have also had to learn their roles in advance, she said. In this particular trial, Kelly Henderson is the judge. Shannono Fluck plays the coroner, the bailiff is Brad Rozanski, the mother of the dead man is Dawn Romano, the police Breathalyzer tester is Nicki Hallman, and Chance Galbraith is the chief defense lawyer. Other students play the jury and various witnesses.

Stancick took the manslaughter plot from a textbook and changed it slightly for each class. She gave all the witnesses facts to learn about their particular roles in the case.

"Everyone gets an outline on what they know happened that night," explained Smith, the prosecutor. "From there, I and the defense have to interview them and get what we need for our case. . . They know what happened that night and it's up to us to get them to say it in our favor."

For defense attorney Galbraith, it's been frustrating. The players aren't playing their roles accurately, he claims. "It's like you plan everything out and then you find out someone messed up on what they are supposed to say and they say something different and it screws everything up."

Yesterday's testimony revealed that the deceased was taking amphetamines as medicine to counter his hyperactivity, according to his mother. It was a fact that neither the prosecution nor the defense knew, and one that the jury might consider in deciding whether the deceased was partly responsible for his death by running out between parked cars into the path of Fegely's vehicle.

These are the kinds of facts "they only know if they ask the appropriate question," said the teacher.

"A lot of things were really surprises you didn't know what to do with," said Duff, the assistant defense counsel. "We are learning more now than on our two days of preparation."

Between classes the student legal teams have contacted local police, lawyers and drug experts to get advice on what is relevant and what questions to ask. "I've learned how much it really takes to become a lawyer," said Smith. "You see all these shows and all you see are the court cases. I've prepared hours every night for these questions."

His opponent, Galbraith, said he doesn't have the time (he has wrestling practice after school) or perhaps the drive to prepare for the case like the prosecutor.

Today is Galbraith's last opportunity to save his client. The case will probably go to the jury, which may rule before class is over or hold off until Thursday's class. The defense attorney will look for loopholes, facts, or may even sashay around a little when he asks his questions.

Fegely was a bit optimistic after yesterday's session. "I figure the way our defense is working now, we'll have more of a chance to get ahead later in the trial."